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HomeMy WebLinkAboutMinutes-08/28/2006• August 28, 2006 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 28, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole. Absent: Schmitt. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 124066 - Cole/Kincaid that the Agenda, as amended, for the Regular Session at 5:30 p.m., be accepted and approved. Ayes: Six. carried. 124067 - Cole/Kincaid that the Minutes, as proposed, 2006, at 5:30 p.m., be accepted Motion carried. on Monday, August 28, 2006, Absent: Schmitt. Motion for the Regular Session on and approved. Ayes: Six. Mayor Hurley read a Proclamation urging citizens to purchase Wars buddy poppies on September 8 and 9, 2006. CONSENT AGENDA 124068 - Kincaid/Gunderson Monday, August 21, Absent: Schmitt. Veterans of Foreign that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-61, dated August 28, 2006, in the amount of $2,560,007.32, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2006-727. 2. Communication from City Engineer transmitting request of Arthur Brunson for a waiver for a concrete driveway to be located at 312 Lamont Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-728. 3. Communication from City Engineer transmitting request of Roger G. Yoder for a waiver for a concrete driveway to be located at 3741 Ranchero Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-729. 4 Communication from City Engineer transmitting request of Michael Douglas for a waiver for an asphalt driveway to be located at 1000 Bishop Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-730. 5. Communication from City Engineer transmitting request of Grout Museum to close West Park Avenue from Washington Street to South Street during the period of construction for the Sullivan Brothers Iowa Veterans Museum for a period of 14 months beginning March 1, 2007, subject to contractor providing barricading and signage according to the Manual on Uniform Traffic Control Devices. Resolution adopted and upon approval by Mayor assigned No. 2006-731. 6. Communication from Police Chief transmitting request of Pathways Behavioral Services to hold 3rd Annual Run, Walk and Roll for a Drug Free Community event on October 28, 2006 at 9:00 a.m., with route to start and end in front of the Pathways' Building located at 3362 University Avenue. Resolution adopted and upon approval by Mayor assigned No. 2006-732. August 28, 2006 Page 2 Consent Agenda continued b. Motion to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Chris Pett to the position of Park Maintenance II, Forestry, effective September 5, 2006. 2. David Meeks, Executive Director of Human Rights Commission, to attend 58th Annual International Association of Official Human Rights Agencies Conference in Atlantic City, New Jersey on September'12-15, 2006, with costs not to exceed $1,787.80. 3. Tom Jennings, Police Chief, to attend 20th Annual LECC Training Conference in Des Moines, Iowa on September 12-13, 2006, with costs not to exceed $138.40, including use of city vehicle. 4. Joe Saunders and Jeff Tyler, Police Officers, to attend International Motorcycle Outlaw Gang Conference in San Diego, California on September 17-22, 2006, with costs not to exceed $2,524.00. 5. Monty Frana, Police Sergeant; and Aaron McClelland, Police Officer; to attend Action Targets Three Gun School in Cedar Rapids, Iowa on September 26-28, 2006, with costs not to exceed $980.00, including use of city vehicle. 6. Chris Gergen, Police Officer, to attend Law Enforcement Control Techniques Instructor Program in Glynco, Georgia on September 11-29, 2006, with costs not to exceed $2,415.35. 7. Reggie Schmitt, Councilperson, to attend Iowa League of Cities 108th Annual Conference & Exhibits in Coralville, Iowa on September 27-29, 2006, with costs not to exceed $320.00. 8. Carolyn Cole, Councilperson, to attend Iowa League of Cities 108th Annual Conference & Exhibits in Coralville, Iowa on September 27-29, 2006, with costs not to exceed $320.00. 9. Greg Bagsby and Christopher Leach, Rehabilitation Specialists, to attend North Central Regional Conference on Lead in Chicago, Illinois on September 27-29, 2006, with costs not to exceed $625.00 each, including use of city vehicle. 10.Mark Boesen, Manager of Rehabilitation Services, to attend North Central Regional Conference on Lead in Chicago, Illinois on September 27-29, 2006, with costs not to exceed $787.00, including use of city vehicle. 11.Rich Hesse, Police Officer, to attend Region 3 Annual Training Conference in Rockford, Illinois on September 17-22, 2006, with costs not to exceed $1,116.00, including use of city vehicle. c. Beer/Wine License Permit Application Special Class C Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/07) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C 3 King Sports Bar & Grill, 921 Broadway Street (Renewal) (Expires 8/31/07) (Includes Sunday Sales) e. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/07) Includes Sunday Sales) Liquor and Tobacco Outlet, 508 Broadway (Renewal) (Expires 9/30/07) (Includes Sunday Sales) f. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/07) Includes Sunday Sales) Liquor and Tobacco Outlet, 508 Broadway (Renewal) (Expires 9/30/07) (Includes Sunday Sales) August 28, 2006 Consent Agenda continued g. Page 3 Beer License Permit Application Class C Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/07) Includes Sunday Sales) Liquor and Tobacco Outlet, 508 Broadway (Renewal) (Expires 9/30/07) (Includes Sunday Sales) h. Bonds. Prior to a vote on the above motion, the following comments were heard regarding Item a5. Councilperson Getty stated he doesn't have a problem with the Grout Museum's request to close West Park Avenue from Washington Street to South Street for 14 months. Councilperson Getty stated their letter says they are going to store some of their materials at 330 South Street, another property owned by the Grout Museum which is a block away. Councilperson Getty stated his concern is when the construction is over that the surface on Park Avenue, if it is torn up, be replaced. Also that South Street be replaced if it is damaged due to the construction. Councilperson Getty stated he has concern for the funeral home on South Street if they are going to be driving up and down South Street with the material a block away, and he hopes they would notice and take heed when they have funerals and not do it at that time. Councilperson Greenwood stated he is okay with closing the street as it seems like it's the prudent thing to do in order to maximize safety in the vicinity when the building is being built, but he is interested in making sure that we communicate to the businesses in the area. There are several churches, law firm, barber shop, dentist office, and funeral home. We need to communicate to the people who are in the businesses and churches of the plan and expectations. Councilperson Greenwood stated he would like the Grout or city staff to disseminate that information to the people who are in business or in churches in that area. Mayor Hurley stated he thinks that is a good idea and he is going to presume that in working together, between the Grout and engineering staff, that if we supplied the names and addresses to the Grout they could make that communication. Roger Olesen, Chairperson of Grout Museum Board, stated he doesn't see any wear - and -tear on the streets unless something really careless is done and that would have to be fixed and that would not be a problem. As far as the lay down of area, the area to store materials as you get them, its more important now then it has been for quite a while because so many things are in such short supply. In fact, the contractor wants to order them early and get them here before the price goes up again. Many things that you never think of are subject to fuel supply costs in this sort of thing including roofing, all kinds of building products are involved in this as well as masonry cement. They probably are going to find that they want to have the reinforcing rolls of mesh delivered early. There may be a contractor wanting to bring in barge rise as soon as he can get them although you don't need them until the steel is up and these things will have to be transported. The reason they need the erection area on Park Avenue is because they are just about filling up the entire footprint of that particular lot with the new building. On the northeast corner of 4th and University, there is some room but that's where the retention pond will be for the runoff of the parking lots, the roof, etc. The crane can't set there because the water has to be handled before they ever dig the hole. That is going to be torn up first, and that water retention pond will be hooked up to the storm sewer, then they can begin setting up the concrete and steel. Mr. Olesen stated he was in business for 41 years, and he became somewhat of a weather forecaster but there has to be a little flexibility in the March beginning and a cutoff because the coldest day in his memory in his life in Waterloo, Iowa was March 1, and it was 31 below zero. They are not going to be out running around in 31 below zero weather, but on the other hand it could be very warm. Its a very unusual time of year to plan construction work. Mr. Olesen stated they may be a month late putting the museum up and have to extend it, but they are going to do their best to follow this schedule. They think this is adequate time if we get a decent weather. Mayor Hurley asked Mr. Olesen if the reason this item is on tonight's agenda is so that this information can be put in the bid package so contractors will know council has approved the closing so that the Grout will get full and complete bids for the November opening. August 28, 2006 Consent Agenda continued Mr. Olesen responded that is correct, and they will also stress that they have to monitor leaving the lay down yard area and preceding to where the crane can pick it up and erect it. They are going to have to monitor and walk with those loads very closely so that somebody doesn't catch up with the back of the crane or have a problem with a load being carried in the front if it is moved by crane. Page 4 Mayor Hurley asked if the architect's rendering of the addition has been displayed to the public. Mr. Olesen responded it has had some limited exposure. Billie Bailey, Director of Grout Museum, stated it actually is on display in the museum right now and is part of an exhibit. Mr. Olesen stated it is a $11.5 million building in downtown for no purpose other than to bring people here to see what we have, what the State of Iowa has done over the years in defending our country. Following comments a vote was taken on the above motion with the following result. Ayes: Six, with Councilperson Cole abstaining on b8. Absent: Schmitt. Motion carried. HEARINGS 124069 - Getty/Greenwood that proof of publication of notice of public hearing on request of Crossroads Community Church of Nazarene to rezone from "A-1" Agricultural District to "R-2" One and Two Family Residence District property generally located at 3534 Hammond Avenue, just west of the intersection of Hammond Avenue and Flammang Drive, 1/3 mile north of San Marnan Drive to allow for expansion of existing church, as published in the Waterloo Courier on August 18, 2006, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124070 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124071 - Getty/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 382 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124072 - Getty/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124073 - Getty/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 382 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4830. 124074 - Gunderson/Greenwood that proof of publication of notice of public hearing to rezone from "C-1" Commercial District to "R-2" One and Two Family Residence District property generally located west of 1010 East Mitchell Avenue, as published in the Waterloo Courier on August 14, 2006, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124075 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. August 28, 2006 Hearings continued Gunderson/Welper Page 5 that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124076 - Gunderson/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 383 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124077 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124078 - Gunderson/Greenwood that "an Ordinance amending Ordinance No. Ordinance by adding Subsection No. 383 to 2479, as amended, City Zoning Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4831. 124079 - Gunderson/Greenwood that proof of publication of notice of public hearing on vacation of Rath Street generally located west of Vinton Street, south Street, as published in the Waterloo Courier on August 14, 2006, be placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124080 - This being the time and place of public hearing, the Mayor and oral objections and there were none. Gunderson/Welper of a portion of Sycamore received and called for written that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124081 - Gunderson/Greenwood that "an Ordinance vacating a portion of Rath Street generally located west of Vinton Street, south of Sycamore Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124082 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124083 - Gunderson/Greenwood that "an Ordinance vacating a portion of Rath Street generally located west of Vinton Street, south of Sycamore Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4832. 124084 - Greenwood/Kincaid that proof of publication of notice of public hearing on request of VGM Management, Ltd to vacate, sell and convey for $1.00 a portion of the southerly right-of-way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive to allow for increased parking at the VGM professional office complex, as published in the Waterloo Courier on August 14, 2006, be received and placed on file. Ayes: Five. Abstain: Cole because she is employed by VGM. Absent: Schmitt. Motion carried. 124085 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. August 28, 2006 Hearings continued Greenwood/Gunderson Page 6 that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Five. Abstain: Cole because she isemployed by VGM. Absent: Schmitt. Motion carried. 124086 - Greenwood/Gunderson that "an Ordinance vacating a portion of the southerly right-of-way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive", be received, placed on file, considered and passed for the first time. Ayes: Five. Abstain: Cole because she is employed by VGM. Absent: Schmitt. Motion carried. 124087 - Getty/Gunderson that proof of publication of notice of public hearing on request of Karlton Dyke to vacate, sell and convey for $550.00 a portion of public alley generally located behind 1942 Locke Avenue, as published in the Waterloo Courier on August 18, 2006, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124088 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Welper stated he totally supports the sale of this property if the Dykes wish to purchase this land. He also believes that this council needs to recognize the city's sale of land policy. A couple weeks ago, he explained the history of the problems that we were having when we didn't have a policy, and since the policy has been adopted we have not had any problems. A corporation that spends millions of dollars every month, sometimes every week, you may wonder why $62.00 would be of such importance. It has to do with fairness and equality to our citizens. Everybody needs to be treated the same. Today, he received a phone call from a private citizen who wishes to pick up the $62.00 should the Dykes choose not to pay the full amount because he recognizes the importance of maintaining this policy and the precedence that it sets. Councilperson Welper stated he would like to make an amendment that the full $612.00 would be paid either by the Dykes or the private donor. Councilperson Welper stated he is assuming the Dykes are going to do this at $550.00, and the person who wishes to remain anonymous would pick up the $62.00 difference. Councilperson Cole asked if Councilperson Welper is offering an amendment which will die of lack of a second if there is no second. Welper/Gunderson that the offer be amended to $612.00 with either Mr. and Mrs. Dyke or the anonymous donor paying the additional $62.00. Councilperson Gunderson stated this was a vacant lot prior to the Dykes building on it so it was paying about $400.00 a year in taxes. They built a house at a cost of a little over $201,000.00 on the property. If they would have come to the city prior to building this house, we would have given them this portion of land because they were building a house and would have met the guidelines of the Sale of Property Policy. Councilperson Gunderson stated we are getting $550.00 more than we should have, and if the gentleman wants to throw in the $62.00 he will go along with it but he would have voted for this at $550.00 no matter what. Councilperson Gunderson stated he thinks if the Dykes had realized their situation, they probably would have come to the city to get the property for nothing. Councilperson Gunderson stated that no matter what he feels the city is meeting the Sale of Property Policy. Councilperson Gunderson stated that there have been other policy changes in the last few months or the last year when the Sale of Property has come before the council, and we have bent the rules a little bit to accommodate just for circumstances like this. Councilperson Gunderson emphasized again that the Dykes would have gotten this land for nothing if they would have come to the city prior to building their $200,000.00 house. Councilperson Gunderson stated he thinks this property is in the CURA District. Don Temmeyer, Community Planning and Zoning Director, stated he doesn't think this lot is actually in the CURA because it stops at Hawthorne but we would do that throughout the city. The Sale of Property Policy doesn't have to go into the CUBA area, but we would put a development agreement together for new construction similar what the council did on San Marnan Drive. With approval of the mover and seconder, the above motion was withdrawn. • • August 28, 2006 Page 7 Hearings continued Getty/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124089 - Getty/Greenwood that "an Ordinance vacating a portion of public alley generally located behind 1942 Locke Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124090 - Getty/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124091 - Getty/Greenwood that "an Ordinance vacating a portion of public alley generally located behind 1942 Locke Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4833. 124092 - Getty/Greenwood that "Resolution authorizing said sale and conveyance for $550.00", be adopted and City Attorney instructed to prepare and deliver accordingly. Welper/Getty that the above motion be amended to sell and convey for an additional $62.00. Ayes: Two. Nays: Kincaid, Greenwood, Getty, Cole. Absent: Schmitt. Motion failed. 124093 - A vote was taken on the original motion to sell and convey for $550.00 with the following result. Ayes: Five. Nays: Welper. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-733. UNFINISHED BUSINESS 124094 - Kincaid/Welper that communication from City Engineer transmitting recommendation of award of contract in the amount of $2,302,293.44 to Happel Excavating, Inc. of Waverly, Iowa in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-734. 124095 - Kincaid/Welper that communication from City Engineer transmitting recommendation of award of contract in the amount of $75,348.99 to Ti -Zack Concrete, Inc. of Le Center, Minnesota in conjunction with F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated as he said at the agenda meeting on Thursday morning, he is going to vote no because he still feels that we can find somebody someplace to help the low-income people with some of these sidewalk repairs. Following comments a vote was taken on the above motion, with the following result. Ayes: Five. Nays: Getty. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-735. August 28, 2006 Unfinished Business continued 124096 - Kincaid/Welper Page 8 that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $954,558.66 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Riverwalk Loop Trail, East 6th to 18th (Vinton St.), Contract No. 696, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-736. 124097 - Kincaid/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $199,227.00 to Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with 2006 Byrnes Tennis Complex Renovation Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-737. 124098 - Kincaid/Welper that communication from Superintendent of Traffic Operations transmitting recommendation to reject bid in the amount of $68,500.00 received from K & W Electric of Cedar Falls, Iowa in conjunction with Purchase of Traffic Signal Equipment for Olympic Drive and Ansborough Avenue, be received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion carried. 124099 - Kincaid/Welper that communication from Superintendent of Central Garage transmitting recommendation of award of contract for two garbage trucks in the amount of $357,540.00 to Wayne Engineering of Cedar Falls, Iowa in conjunction with Purchase of Garbage Trucks, be received, placed on file and "Resolution approving award of said bid", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-738. 124100 - Kincaid/Welper that communication from Superintendent of Central Garage transmitting recommendation to amend award of bid to Community Motor Co. for an additional $1,244.00, for a total of $91,826.00 in conjunction with Purchase of Four Pick - Up Trucks, be received, placed on file and "Resolution approving award of said bid", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported when we awarded the contract to Community Motors a couple weeks ago for the four pick-up trucks we received communication from GM through Community Motors that they had stopped assembly on that particular model. This is the same basic price except one of the options is going to cost an additional $311.00 per vehicle. Community Motors is still the low bidder of the three bids that we received. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-739. PETITIONS FROM PUBLIC 124101 - Welper/Kincaid that communication from Senior Planner transmitting request of Shadow Creek Crossing L.C. to rezone from "A-1" Agricultural District and "R-2" One and Two Family Residence to "R-4" Multiple Residence District for purpose of multi- family residential development on property generally located east of 1012 Lois Lane, south of Bethel Street and north of 1913 Schukei Road, be received, placed on file and "Resolution setting date of hearing as September 18, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-740. August 28, 2006 DOCUMENTS 124102 - Cole/Welper Page 9 that communication from Senior Planner transmitting Final Plat of Crossroads Estates Replat No. .3, together with staff report, aerial photo, final plat, certificate of survey, legal description, deed of dedication and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-741. 124103 - Cole/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $2,302,293.44 from Happel Excavating, Inc. of Waverly, Iowa in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-742. 124104 - Cole/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $75,348.99 from Ti -Zack Concrete, Inc. of Le Center, Minnesota in conjunction with F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Getty. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-743. 124105 - Cole/Welper that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $199,227.00 from Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with 2006 Byrnes Tennis Complex Renovation Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-744. 124106 - Cole/Welper that communication from City Planner transmitting Supplemental Development Agreement with Maureen Kress and Carol Baker for redevelopment of condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $127,500.00 and 100 percent tax rebatements for seven years, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-745. 124107 - Cole/Welper that communication from City Planner transmitting Supplemental Development Agreement with Frank Williams for redevelopment of condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $125,600.00 and 100 percent tax rebatements for seven years, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-746. 124108 - Cole/Welper that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and Waterloo Affordable Housing LLC for rehabilitation of 101 units in 12 building on 6 sites within Enterprise Zone boundaries, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-747. August 28, 2006 Documents continued Page 10 124109 - Cole/Welper that communication from Associate Engineer transmitting Professional Services Agreement with Claassen Engineering at a cost of $70,000.00 for construction related services for the sanitary sewer extension for the Prescotts Creek area, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-748. 124110 - Greenwood/Gunderson that communication from Superintendent of Traffic Operations transmitting agreement with Snyder & Associates for engineering services at a cost of $27,400.00 for Westbound Broadway St. & Airport Boulevard, Eastbound Broadway St. & Airport Blvd., and Dubuque Rd. and Idaho/Adrian Streets, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-749. 124111 - Greenwood/Gunderson that communication from agreement with Snyder & $18,900.00 for Flammang & and "Resolution approving execute same. Ayes: Six. Superintendent of Traffic Associates for engineering San Marnan Safety Study, be said agreement", be adopted Absent: Schmitt. Operations transmitting services at a cost of received, placed on file and Mayor authorized to Resolution adopted and upon approval by Mayor assigned No. 2006-750. 124112 - Greenwood/Gunderson that communication from Police Chief transmitting 28E Agreement for Tobacco Enforcement with Iowa Alcoholic Beverages Division, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-751. 124113 - Greenwood/Gunderson that communication from Superintendent of Waste Management Services transmitting Supplemental Agreement No. 1 with Earth Tech in conjunction with Odor Control Project, Contract No. 716, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-752. 124114 - Greenwood/Gunderson that communication from City Planner transmitting an Encroachment Agreement with Carlos Gomez and Laura Reuter to allow for fencing and post supports to encroach into alley behind 322-324 West 4th Street for redevelopment of the building into a restaurant, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-753. 124115 - Greenwood/Gunderson that with $2,500.00 communication from City Iowa Northland Regional Planner Council transmitting Memorandum of Understanding of Governments at a cost not to exceed to prepare RISE grant application for Titan Trail and Cyclone Drive connection located within the Gateway Business Park generally located next to the former Greyhound Park site, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-754. • • August 28, 2006 Page 11 Documents continued 124116 - Gunderson/Kincaid that communication from City Planner transmitting application for Revitalize Iowa's Sound Economy (RISE) for Local Development grant with Iowa Department of Transportation in conjunction with Titan Trail road from Ridgeway Avenue to Greyhound Drive, including the Cyclone Drive connection to Highway 63, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-755. 124117 - Gunderson/Kincaid that communication from Senior Planner transmitting request of George and Renae Banky for tax exemptions on improvements totaling $135,647.00 for 3030 Angeles Drive located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-756. 124118 - Gunderson/Kincaid that communication from Police Chief transmitting Memorandum of Understanding with Bureau of Alcohol, Tobacco, Firearms and Explosives for access to eTrace, Internet which will provide firearm tracing application, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-757. 124119 - Gunderson/Kincaid that communication from Contracts and Grants. Coordinator transmitting recommendation of award of contract to Lehman Trucking in the amount of $33,865.00 and contract in conjunction with General Obligation Bond Demolition Project, Contract No. 144 -D -GO -08-18-06, be received, placed on file and "Resolution approving award of said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-758. 124120 - Gunderson/Kincaid that communication from City Planner transmitting agreement with Iowa Department of Economic Development for the purpose of continuing the Main Street Waterloo Program, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-759. 124121 - Gunderson/Kincaid that communication from Superintendent of Traffic Operations transmitting agreement with Snyder & Associates for engineering services at a cost of $5,750.00 for engineering service to develop a grant application for ICAAP funds for improvements at the intersection of Hammond Avenue and Ridgeway Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-760. RESOLUTIONS TO BE ADOPTED 124122 - Welper/Gunderson that "Resolution dedicating Fitzway Drive as public street right-of-way and necessary permanent and temporary easements generally located off Ansborough Avenue south of San Marnan Drive to serve new VGM Homeline National Referral Center and other future development", be adopted. Ayes: Five. Abstain: Cole because she is employed by VGM. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-761. August 28, 2006 Resolutions to be Adopted continued 124123 - Welper/Gunderson Page 12 that communication from Fire Chief requesting authorization to refurbish Quint 308 at a cost of $192,032.26, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-762. 124124 - Welper/Gunderson that "Resolution supporting financially and philosophically the work of Main Street Waterloo", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-763. 124125 - Welper/Gunderson that "Resolution establishing the amount of just compensation of $175,000.00 for property commonly known as 300 W. Park Avenue to be acquired for construction of public market in Downtown Waterloo and authorizing the use of condemnation procedures for acquisition of said property", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he had to be out of town last week and missed the council meeting, so he was not a part of the executive session. Councilperson Greenwood stated he has trouble using imminent domain to move this business or any established business. Councilperson Greenwood noted there is going to be a meeting on September 14 or September 11, 2006 describing the Expo project and when its going to start. Councilperson Greenwood asked why do we need this business right now, and why don't we go on farther with due diligence?. Mayor Hurley noted that the agenda item speaks of a just compensation which is the second appraised value. The city paid for two appraisals in the course of these negotiations, and we are offering appraised price; however, with the new imminent domain statue passed in the State Legislature this year we are tendering an offer that is 30 percent above the appraised value so it amounts to $227,500.00. Mayor Hurley stated this step tonight does not necessarily mean that we are going to condemnation, but we have to do this publicly to set our price so the process can move on. We are in negotiations with the owners of this property, and we continue to be in negotiations with them.. They are going civilly and progress is being made. Mayor Hurley stated he expects it would take two or three months before the condemnation jury would get together, so we have that time, but we have been at this for probably the better part of the year on this property. Mayor Hurley commented council is the policy makers and can always stop the process and start again. Councilperson Greenwood stated he has been in business for 30 years, and he has developed his location, and he thinks there is an inherent value higher than what the building is worth of where his location is. It takes years of advertising, of being there when people come, and he thinks this location speaks that there is more of an inherent value than what the building is worth. We are not buying the business, but we are going to relocate this business from its existing, successful address to a different address. Councilperson Greenwood stated his building is probably the same square foot and probably would have around a similar value, but there is a value there of the location of the business. You have a successful business, a small business, there us more to the value of that business than what the building is worth. Mayor Hurley reported we started at a first appraisal somewhere around the low $140,000.00s and that wasn't acceptable. For the building, that's what they are appraising, the building. We paid for a second appraisal and it went up to $175,000.00. We also selected that appraiser. Mayor Hurley stated he thinks the 30 percent that the city is tendering reflects some of that value of the place and moving and some of the other things. So it's a matter of we have limited dollars, we are either going to go ahead with this project or we are not, and it has been a good process of negotiation. Mayor Hurley noted there was certainly intense negotiations last week, and he thinks there is a chance for the parties to come together, but if this fails or we don't do this tonight then the process for us stops, and we just have to pick it up again. The Expo, when we first dreamed it up, everybody got excited and it went up to top priority, and we would be celebrating out there now. It would have been constructed and in place this year and then we said no we are not going to make that because of negotiations and it will be late 2006. We missed that because of negotiations and now we are looking at mid-July of 2007 and he questions whether we will be able to do that as we aren't done with all the properties. • • August 28, 2006 Resolutions to be Adopted continued Councilperson Getty echoed the same comments that Councilperson Greenwood has made. Councilperson Getty stated he feels if we are in negotiations with an individual for a piece of property the two sides ought to be able to sit down and iron out something without holding it over their head that we don't even have to talk to each other because we have this condemnation thing that we can use. And the business guy has nothing that he can use. Councilperson Getty stated that is the problem that he has with the condemnation. Page 13 Jim Walsh, City Attorney stated he just wanted to point out to Councilpersons Greenwood and Getty so they are sure to understand, we don't arbitrarily set this price. We are making an offer. We have to get on record making an offer in order to start this process. Six strangers set the price. We don't even know who they are. The owner of this property has the right to get in there and argue all the things that have been mentioned and they set the price, we don't set the price. We have to get on record with an offer in order to start this process or it will never start. Mr. Walsh stated the six strangers would be the condemnation jury across the street. We are bound by their decision the same as they are and those people set the price. They can agree with you, for example, that there is some value to this separate and apart with what the appraisers say. Just compensation is a broad, vaguely defined term on purpose, and he thinks the concerns are the same concerns that the property owner has and everyone else has. It should be fair. But we as a buyer have a hard time determining what is fair as he does as the seller. We are saying if this can't be agreed to in discussions which have gone on for more than a year now, let somebody else decide it and move on. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood, Getty. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-764. NEW BUSINESS 124126 - Getty/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711, be received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion carried. 124127 - Getty/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124128 - Getty/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-765. 124129 - Getty/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 11, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-766. ORAL PRESENTATIONS 124130 - Maureen Collins Williams, Director of University of Northern Iowa Regional Business Center SPDC, stated she addressed the council earlier this past spring updating them on the activity at the Regional Business Center and the kinds of programs and initiatives that they were hopeful to be able to engage in the Cedar Valley in the coming year. For many years they have been working on a rural entrepreneurialship development system at the Regional Business Center. This has been a very successful initiative for them. The My EntreNet Program has donesome really great things in rural parts of the state. Ms. Williams stated they have wanted for a long time to be able to take that program and apply it in an urban setting, and it looks as though they are going to be able to do that in the Waterloo CURA District over the next 24 montjis. My EntreNet is based upon four key principles. August 28, 2006 Oral Presentations continued We begin with a hope and an intent to have community support for entrepreneurial development. We begin the program with a sense of creating a community support of culture for entrepreneurial development. Entrepreneurship is not always viewed as a credible career opportunity for our youth and for some of our well educated adults. Ms. Williams stated they have learned through research that in order to really foster strong entrepreneurial development they have to create a supportive community culture where people want to and aspire to be local small business owners. They also know from their research that entrepreneurs need access to a wide array of business services ranging from comprehensive entrepreneurial training to topical workshops to mentoring and support networks. And through the development system that they have created in rural regions, they have been able to offer an array of those kinds of services in ten eastern Iowa counties that are geographically isolated throughout the state. They also know that entrepreneurs need access to capital. Different kinds of capital at each of the different business stages of their life cycle. And in response to that, they are looking in the eastside of Waterloo to create some programs that will leverage capital to foster both new business development and accelerate the growth of other small businesses in the CURA District. Ms. Williams stated they know from their rural work that entrepreneurs need the opportunity to be integrative with other entrepreneurs. The movement of likeminded individuals in groups creates innovation and that innovation results in new and accelerated business growth. That premise has been something that has done really great things in the rural parts of the state. Ms. Williams noted that in the average My EntreNet rural region about 100 people participate in their services. And in the first 18 months, on average, those 100 people create or expand 20. new businesses. They also in aggregate create about 75 new full-time jobs and they are able to leverage over $3.5 million in new commercial and equity investment, and she really believes this is something that we can apply into an urban setting Ms. Williams stated the Northwest Area Foundation and the COPSY Grant Program of the University of Northern Iowa share that view, and this past month have awarded some dollars to allow UNI to do a My EntreNet urban initiative, the first of its kind, here in the Waterloo CURA District. Ms. Williams stated over the next two years they will be implementing a profound, comprehensive entrepreneur development system primarily in the Waterloo region. With an opt in-kind of approach to people that want to either be in business or existing business owners that want to improve their skill and expand their businesses, and they hope to be able to help them accelerate that movement to profitability. Ms. Williams stated she is not here tonight asking for money, but is asking for the mayor and council's support, credibility and asking them to lend their words to the folks and residents of the CURA District and encourage them to come take advantage of this program, this system and the services that they will be unveiling over the next 24 months. This program begins with the development of a task force. A group of 20 to 30 diverse folks from the CURA District. business owners, educators, existing entrepreneurs, elected folks, and that group will be asked to go through training activities and again lend their credibility to the community in support of this program. They will craft a two- year plan of business assistant services for entrepreneurs who will start up entrepreneur companies in the CURA District of Waterloo. Ms. Williams reported they also have been awarded some funding from the Northwest Area Foundation to create a new loan pool that will allow entrepreneurs in different stages of their life cycle to access new and different kinds of capital to help them expand and accelerate their business growth. Ms. Williams stated the kickoff will be on September 7, 2006 in Waterloo at St. Paul's United Methodist Church. Ms. Williams asked the council to spread the word, and when they are on the street talking to folks that live in their wards to think about and encourage folks that are interested in small business development, that are interested in starting their own companies or expanding the company that they already have, to come and be a part of this initiative. Page 14 Mayor Hurley thanked Ms. Williams and encouraged the council and staff to spread the word. Getty/Greenwood that the above oral comments be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124131 - Welper/Cole that the council adjourn to Executive Session at 6:42 p.m. Ayes: Six. Absent: Schmitt. Motion carried. City Attorney Jim Walsh stated that discussion of Earl Baugh lawsuit is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2005) . August 28, 2006 124132 - Gunderson/Welper EXECUTIVE• SESSION Page 15 that the council adjourn Executive Session at 7:05 p.m. Ayes: Six. Absent: Schmitt. Motion carried. ADJOURNMENT 124133 - Gunderson/Welper that the Council adjourn at 7:05 p.m. Ayes: Six. Absent: Schmitt. Motion carried. Nancy Eckert, CMC City Clerk